GENERAL OUTLINE OF THE DEATH DUTIES 17

chargeable in cases of deaths after the 1888 Act
and before the 1894 Act, and in cases of deaths
after the 1894 Act where Estate Duty is not
chargeable.

Legacies charged upon or payable out of real
estate and the proceeds thereof are still therefore
liable to Succession Duty, but as the rates of
Legacy and Succession Duty are the same in
respect of the property which is chargeable with
Estate Duty," the distinction, for all practical
purposes (except in cases where there is a conflict
between Legacy and Succession Duties, as to
which see page 128), is unimportant.

See also pages 104 and 190.

(b) SUCCESSION DUTY
When Payable

The Succession Duty Act, 1853,1 brought this
duty into existence. It is a duty upon real as well
as personal property, whether passing under a will
or any other disposition, but does not attach where
Legacy Duty is payable by the beneficiary in
respect of the same acquisition of the same
property.

The Act absolved leaseholds from Legacy Duty,
so that they became chargeable, as now, with
Succession Duty. Various dispositions or passings
of property are declared by the Act to confer
successions, thus rendering the property passing
liable to Succession Duty, and provision is made
for taking the duty upon the value of the life

1 16 & 17 Viet., c. 51.